Responsible for Probate
Jacksonville Probate Attorney Explains That Personal Representative Is Responsible For Handling A Probate In Florida
Jacksonville probate attorney explains that the personal representative, or executor, is the person who is responsible under the Florida probate code for administering probate in Florida. The personal representative, or executor, is appointed by the Florida probate court. If there is a last will and testament, the probate judge will appoint the person named in the will to serve as personal representative, unless there is some reason the person appointed in the will cannot or should not serve. If there is no will, then the probate court will appoint the person with preference as defined by the Florida Probate Code.
Upon the appointment of the personal representative, the probate court will issue letters of administration granting the personal representative the authority to deal with all aspects of the probate process in Florida. The personal representative should then notify all interested persons that the probate has been filed and notify any reasonably ascertainable creditors that they have a limited amount of time within which to file any claims they may have against the probate estate. If they do not file their claims timely, they will be barred from receiving payment from the probate in Florida.
The personal representative is responsible for gathering all the assets of the estate, dealing with creditors, ensuring that all taxes are paid, and after payment of the taxes and creditors, distributing to the beneficiaries of the probate estate those remaining assets to which each beneficiary is entitled. Upon fulfilling all the responsibilities of the personal representative, the probate court will discharge the personal representative from any further responsibility and the probate in Florida will be closed.